Arrest records in Marlborough, New Hampshire are considered public documents pursuant to New Hampshire's Right-to-Know Law (RSA 91-A). This statute establishes the legal framework for public access to governmental records, including those pertaining to arrests made within municipal jurisdictions. The New Hampshire legislature has determined that governmental transparency serves the public interest by enabling citizens to observe and evaluate the actions of law enforcement agencies. Arrest records typically contain information regarding individuals who have been taken into custody by law enforcement officials on suspicion of criminal activity.
The public nature of these records is subject to certain statutory limitations. Records pertaining to juvenile offenders, ongoing investigations, and cases involving specific privacy concerns may be exempt from disclosure under RSA 91-A:5. Additionally, certain identifying information may be redacted to protect the privacy of victims or witnesses in accordance with state law.
Members of the public seeking access to Marlborough arrest records have multiple avenues available for record retrieval. The Marlborough Police Department maintains the primary repository of local arrest documentation, and requests may be submitted in person, by mail, or through electronic means where available.
• In-Person Requests: Citizens may visit the Marlborough Police Department during standard business hours to submit a records request. Proper identification is required, and applicable fees may be assessed for document reproduction.
Marlborough Police Department
236 Main Street
Marlborough, NH 03455
(603) 876-3311
• County Sheriff's Office: The Cheshire County Sheriff's Office maintains records of arrests conducted within its jurisdiction, including those in Marlborough.
Cheshire County Sheriff's Office
12 Court Street
Keene, NH 03431
(603) 352-4238
• New Hampshire State Police: For arrests conducted by state law enforcement, requests may be directed to the New Hampshire State Police Troop C, which covers the Marlborough area.
New Hampshire State Police Troop C
15 Ash Brook Court
Keene, NH 03431
(603) 358-3333
• Online Resources: The New Hampshire Judicial Branch maintains an electronic case lookup system that provides limited information regarding criminal cases resulting from arrests. This system is accessible through the state's official judicial website.
Pursuant to RSA 91-A:4, governmental bodies must respond to records requests within five business days. Fees for document reproduction shall not exceed the actual cost of providing the copies as stipulated in RSA 91-A:4(IV).
Arrest records maintained by Marlborough law enforcement agencies typically contain standardized information as prescribed by New Hampshire Administrative Rules Jus 601.02. These records serve as official documentation of law enforcement actions and typically include:
• Full legal name of the arrested individual • Date of birth and demographic information • Residential address at time of arrest • Date, time, and location of the arrest • Statutory violations alleged (cited by RSA chapter and section) • Arresting officer's name and badge number • Booking photographs ("mugshots") • Fingerprint impressions • Incident report narrative • Disposition information (if available) • Bail or bond determination • Court appearance dates
The comprehensiveness of arrest records may vary based on the nature of the offense and the arresting agency's protocols. Records pertaining to felony offenses generally contain more extensive documentation than those for misdemeanor violations.
The accessibility of arrest records in Marlborough is governed by a comprehensive legal framework established at the state level. New Hampshire's Right-to-Know Law (RSA 91-A) serves as the primary statutory authority regarding public access to governmental records. This legislation was enacted to ensure that the actions of public officials remain transparent and accountable to the citizenry.
RSA 91-A:1 explicitly states that "Openness in the conduct of public business is essential to a democratic society." This principle extends to records of law enforcement activities, including arrests, as these constitute official actions taken by governmental authorities. The City of Keene, which provides certain regional services to Marlborough, maintains compliance with these regulations through established records management protocols.
Exemptions to disclosure are enumerated in RSA 91-A:5 and include:
• Records pertaining to grand jury proceedings • Juvenile case records (governed by RSA 169-B:35) • Information that would constitute an unwarranted invasion of privacy • Records pertaining to ongoing investigations where disclosure could impair law enforcement proceedings
The New Hampshire Supreme Court has consistently interpreted the Right-to-Know Law broadly in favor of disclosure, establishing precedent that governmental records should be accessible unless specifically exempted by statute.
New Hampshire law provides mechanisms for the expungement or annulment of arrest records under specific circumstances. Pursuant to RSA 651:5, individuals may petition for annulment of arrest records if:
• The arrest did not result in a conviction • The prescribed waiting period following completion of sentence has elapsed • The petitioner has not been convicted of any subsequent criminal offense
The annulment process requires submission of a formal petition to the court of jurisdiction. For arrests occurring in Marlborough, petitions are typically filed with the Cheshire County Superior Court.
Cheshire County Superior Court
12 Court Street
Keene, NH 03431
(603) 352-6902
The court evaluates annulment petitions based on statutory criteria and the petitioner's subsequent conduct. If granted, an annulment order directs all relevant agencies to remove references to the arrest from publicly accessible records. Pursuant to RSA 651:5(X), following annulment, the person may legally respond to questions regarding the arrest as though it never occurred, with limited exceptions for certain professional licensing and law enforcement purposes.
The Cheshire County Commissioners oversee county-level record management policies that impact the implementation of annulment orders within their jurisdiction.
New Hampshire law imposes significant restrictions on the use of arrest record information, particularly in employment contexts. RSA 651:5(X)(c) prohibits employers from requiring disclosure of annulled arrest records, and discrimination based on such records may constitute a violation of state employment laws.
Commercial entities that compile and disseminate arrest record information are subject to the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and corresponding state regulations. These provisions require:
• Verification of information accuracy • Timely updating of records to reflect dismissals or expungements • Disclosure to the subject when records are used for adverse determinations • Reasonable procedures to ensure maximum possible accuracy
Violations of these provisions may result in civil liability under both federal and state law. The New Hampshire Department of Justice Consumer Protection Bureau monitors compliance with these regulations.
New Hampshire Department of Justice Consumer Protection Bureau
33 Capitol Street
Concord, NH 03301
(603) 271-3641